Food and Drug Administration Articles

Two recent developments underscore the need for all NATSO members that sell tobacco products to ensure that they are not selling tobacco products -- including e-cigarettes and vaping products -- to minors: A recent "enforcement blitz" specifically targeting retailers of JUUL products; and the Food and Drug Administration's victory in a lawsuit allowing FDA to fine retailers for multiple violations as a result of a single inspection (which NATSO had long argued is impermissible under federal law). Together these developments underscore the need for NATSO members to have strong employee training programs in place to ensure they are complying with federal law.

On August 8, 2016, the Food and Drug Administration (FDA) began restricting retailers' ability to sell additional tobacco products beyond simply cigarettes. Such products include e-cigarettes and vaping products, rather than only traditional combustible cigarettes. These products became subject to minimum purchasing age (18) requirements and associated customer age identification verification requirements, as well as marketing and advertising restrictions and a prohibition of vending machine sales of e-cigarettes. The rules also impose these restrictions on hookah, pipe tobacco, and cigars.

The Food and Drug Administration's "deeming regulation," imposing restrictions on e-cigarettes, vape pens, as well as cigars and pipe tobacco, contains several important restrictions on tobacco retailers that take effect August 8.

The Food and Drug Administration (FDA) has finalized a new regulation that would extend its regulatory authority to cover all tobacco products, including e-cigarettes and vaping products, rather than only traditional combustible cigarettes.